Legal Question in Family Law in Illinois

17 yr old daughter and 19 yr old son want their step-father to adopt them. Biological father has not had contact in 4 years and child support payments were coming on a reg basis, this also stopped. If he refuses to sign over his rights, can the adoption still proceed?


Asked on 1/23/12, 3:13 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

The adoption is not a problem for the 19-yr-old son. He is an adult and can consent to being adopted by whomever he chooses. However, if he is going to college he won't be able to get "college contribution" from bio-Dad. Therefore depending on the circumstances he may want to wait until he is out of college.

The daughter is a little more problematic because she is still a minor and bio-Dad is paying support. She can wait till she is 18 and graduated from high school before proceeding with the adoption. However, the same problem exists with respect to college contribution.

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Answered on 1/23/12, 3:43 pm


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